Pre-selecting methods of solving problems smacks of pre-selecting remedies to unknown illnesses.  Often, the best way to resolve a problem is to design a specific system to deal with the important issues.  We have been involved in designing human resources systems allowing employees stepped processes in disciplinary proceedings.  We have also designed numerous systems to get construction projects that have been side-tracked back on track.  Every resolution process (whether a trial or a mediation) involves design that takes into consideration the nature of the disputes, the current procedures in use, the resources available or obtainable, the motivations, the skills of those performing services and the costs and benefits of any new system. 

Although process design is at the heart of every ADR procedure we use, constructing dispute resolution systems in organizations and institutions can be an effective way of dealing with recurring issues.  Good systems seek to:

• promote legitimate interests
• protect communal interests while promoting joint gains
• fair resolution of issues
• efficient resolution of issues
• produce agreements that protect the company culture and set good models for the future
• produce agreements that can actually be implemented
• improve relationships within the company

Contact:  Dick Bayer